Farmington animal cruelty case shifts to Superior Court

Tuesday

Jan 15, 2013 at 3:15 AMJan 15, 2013 at 5:34 AM

By Samantha Allensallen@fosters.com

FARMINGTON — One of the largest animal cruelty cases local authorities say they have ever seen has been transferred from Rochester Circuit Court to Strafford County Superior Court as the legal process steadily moves along.

Assistant Stafford County Attorney Tim Sullivan explained the two Farmington women — Shirley Patch, 59, of 576 Chestnut Hill Road, and her niece, Caroline Wilkins, 41, of the same address — charged collectively with 13 misdemeanor counts of animal cruelty, will soon face a preliminary pretrial conference in superior court, though a date has yet to be set. A hearing in Rochester Circuit Court scheduled for Tuesday morning has also been canceled.

Sullivan explained in this case, the penalties don't change but the women now have a right to a jury trial at the superior court level. He said if the case went through court at the district level, they would be given the opportunity to appeal the final ruling and then move to the jury stage.

Both defendants have been placed with “misdemeanor information,” the equivalent of an indictment applied to those charged with felony counts.

Wilkins and Patch both entered “not guilty” pleas during their October arraignments in Rochester and their arraignments for superior court following the “nol pros” motion in Rochester court have been waived. The pair were previously released on personal recognizance bail — Patch on $5,000 for her 12 counts and Wilkins on $2,500 for one count.

In early September, Patch was charged with animal cruelty for the condition of 12 animals found on her property by Farmington police: there were five horses in her care, as well as one miniature horse, one pony, two goats, two dogs and two chickens. All were found malnourished and in varying degrees of health. Court documents identify some of the horses as a Chestnut mare named Zina, a white mare named Swindle, a white and gray stallion named Tonka, a miniature bay horse name Rosie and a miniature gray stallion named Chip.

Wilkins, who was identified as Patch's niece in court documents and who reportedly has lived at the Chestnut Hill property since 2002, was charged for one count for her treatment of Dolly, a 32-year-old Chestnut horse found lame on her front two legs. Dolly weighed less than half of her normal size when she was discovered last summer, with her rib cage visibly sticking out through her dull coat.

All of the seized animals and have been undergoing rehabilitation with the New Hampshire Society for the Prevention of Cruelty to Animals (NHSPCA) in Stratham. The NHSPCA noted Dolly died of colic in mid-October. She was the companion horse of Blue, a horse killed in an alleged hit-and-run accident in 2011. The previous owner of Dolly told Foster's she gave the animal to Wilkins trusting she would take care of her properly following the accident.

According to court documents, during the Rochester court proceedings, an attorney for the NHSPCA also filed a “motion to intervene” in the case, citing the association had already expended $20,447.19 caring for the 12 animals previously in Patch's care. They cited expenses associated with food, shelter and veterinarian visits including approximately $1,300 for “emergency hospitalization.” A motion for the NHSPCA attorney to participate in the proceedings was denied by Judge Daniel Cappiello, who noted the request for reimbursement may be granted if Patch is found guilty in court proceedings.

Sullivan said he could not comment on the NHSPCA attorney's motion and it is unknown if another request to intervene may go before superior court in Dover.

Patch previously told Foster's following her October hearing her situation had been inaccurately portrayed and her story was “turned around.”

“All I have to say is, I love my animals,” she said, “and everybody knows that.”